Postgraduate Course: Unjustified Enrichment and Restitution (LAWS11320)
Course Outline
| School | School of Law |
College | College of Humanities and Social Science |
| Course type | Standard |
Availability | Not available to visiting students |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Credits | 20 |
| Home subject area | Law |
Other subject area | None |
| Course website |
None |
Taught in Gaelic? | No |
| Course description | This course examines the nature of the obligation from unjustified enrichment, and its related restitutionary remedies. There will be an examination of the Roman law origins of the idea of unjustified enrichment, and its development in the medieval ius commune. The principal focus will be on the modern law of a number of European systems, including Scotland, England, France and Germany, these systems being compared and contrasted with each other. The elements of a claim in each jurisdiction will be analysed, as well as the remedies and defences to an action. Possible future harmonisation of unjustified enrichment will be considered, particularly in the light of model private law codes such as the Draft Common Frame of Reference. As a subsidiary but related issue, the course will also consider the obligation from negotiorum gestio. |
Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
|
Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
| Additional Costs | None |
Course Delivery Information
|
| Delivery period: 2014/15 Semester 2, Not available to visiting students (SS1)
|
Learn enabled: No |
Quota: 25 |
|
Web Timetable |
Web Timetable |
| Course Start Date |
12/01/2015 |
| Breakdown of Learning and Teaching activities (Further Info) |
Total Hours:
200
(
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
176 )
|
| Additional Notes |
|
| Breakdown of Assessment Methods (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
|
| No Exam Information |
Summary of Intended Learning Outcomes
| The course aims to familiarise students with the principle of unjustified enrichment, and the various actions based upon that principle, within an historical and comparative perspective. Students will be encouraged to reflect upon the difference in approach between the jurisdictions studied, and to formulate ideas about possible ideal approaches in the field. They will also be encouraged to see how unjustified enrichment relates to the other obligations and to related fields such as property and trust law. They will develop oral skills in class discussions, as well as the critical faculties required for advanced legal research and writing. |
Assessment Information
| 100% Essay |
Special Arrangements
| None |
Additional Information
| Academic description |
Not entered |
| Syllabus |
Not entered |
| Transferable skills |
Not entered |
| Reading list |
Not entered |
| Study Abroad |
Not entered |
| Study Pattern |
Not entered |
| Keywords | Not entered |
Contacts
| Course organiser | Mr Eric Descheemaeker
Tel: (0131 6)50 2054
Email: eric.descheemaeker@ed.ac.uk |
Course secretary | Miss Amanda Mackenzie
Tel: (0131 6)50 6325
Email: amanda.mackenzie@ed.ac.uk |
|
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